WPC4 2a BKf Z CG Times3|j=!Xw PE37XP",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`LHP LaserJet 4M (PCL)HPLA4MPC.PRSXw PE37\"CXP2 E  Z EB  Y-#Xw PE37=!XP#3|jHP LaserJet 4M (PCL)HPLA4MPC.PRSXj\  P6G;\"CXPTimes New RomanTimes New Roman BoldTimes New Roman ItalicCG Times2:K KOK"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""><q*"xxxxWWxxxWWkkxxxԙ Instructional Programming . To assist us in our comparative determination under the  xinstructional programming criterion, we require all ITFS applicants to detail their formal  xxeducational and other ITFS programming proposals in both an illustrative schedule and a program  X- x[grid.px yO4- xԍ Question 5 of FCC Form 330 states, in pertinent part, that for each channel requested, the applicant must  xcomplete the chart on the following page to provide "a proposed weekly schedule of ITFS programming together  xwith a brief description of programs not recognizable by their titles." Applicants must also "[i]ndicate by "F" [for  xhformal] those programs which are delivered to enrolled students for academic credit." Question 6 sets out a program  x,grid which requires that the applicant summarize, among other things, both the "[t]otal hours [of] formal education  xJprogramming for credit for enrolled students on [each] channel" and the "[t]total hours [of] other ITFS service (see 47 C.F.R.  74.931(b)) on each channel."p Where the amounts and types of programming proposed in the schedule and in the grid  xare inconsistent, we will consider as correct, for comparative purposes, the amount and type  xywhich result in the least number of points to the applicant, so long as the excess capacity lease  Xv- xpermits that level of programming to be transmitted. See Hispanic Information and  Xa- xTelecommunications Network, Inc., 7 FCC Rcd 5924 (1992); Van Vleck Independent School  XL- xDistrict, 7 FCC Rcd 723 (1992); Gonzales Independent School District, 8 FCC Rcd 404 (1993).  xThe illustrative schedule and program grid set forth in Shekinah's application propose 41 hours  xlof formal educational programming per channel per week. However, the lease agreement  xbetween Shekinah and Arden Cable Limited provides for only 40 hours of ITFS programming  xper channel per week. Consequently, Shekinah is entitled to only one program merit point. The  xMillustrative schedule and program grid set forth in Walker's application propose 41 hours of  xMformal educational programming per channel per week. Therefore, Walker is entitled to two program merit points.  X- x E and FChannel Relocations . Neither applicant is the current licensee of an E or Fchannel  xseeking to relocate on other channels. Therefore, neither is entitled to the one point awarded to such applicants.  X#- x- Total . Shekinah is entitled to two points for observing the fourchannel limitation and one point  xfor proposing at least 21 hours of formal educational programming per channel per week, for a  xMtotal of three points. Walker is entitled to four points for being local, three points for being  xaccredited, two points for observing the fourchannel limitation, and two points for proposing at  xzleast 41 hours of formal educational programming per channel per week, for a total of eleven points. Thus, Walker is the tentative selectee.  X-w OTHER MATTERS ă  XT- ` x5.` ` Walker proposes to lease its excess capacity for nonITFS use, as permitted by  xSection 74.931 of the Commission's Rules, and has submitted an executed copy of its lease  xagreement with Wireless One, Inc. However, one of its provisions does not comply with the  xCommission's requirements for such leases. Paragraph 10(f) affords U.S. Wireless the right to  xselect a prospective assignee of the ITFS license, should Walker wish to submit its license to the  xCommission for voluntary cancellation. We believe this provision impermissibly intrudes upon",-(-(ZZ"  X- xwhat has traditionally been the right of a licensee. Second Report and Order, 101 FCC 2d at 90.  x\This provision, however, does not reflect adversely on the applicant's basic or comparative  xqualifications or preclude grant of an authorization. Nevertheless, Walker's authorization will  X- xbe conditioned upon conformity of the lease to Commission requirements. Milwaukee Regional  X- xMedical Instructional Television Station, Inc., 2 FCC Rcd 142 (1987). In addition, Paragraph  x?3(e) provides that all capacity made available by use of multiplexing techniques or other  xktechnology which allows the division of individual channels into two or more channels, will  xbelong to Wireless One. In its Declaratory Ruling on the use of digital modulation by MDS and  xITFS stations, FCC 96304 (released July 10, 1996) (petitions for clarification and partial  xreconsideration pending), the Commission established interim digital transmission procedures to  x=allow MDS and ITFS licenses to increase their channel capacity and service offerings through  xthe use of channel compression techniques. The Commission stated that by adopting these  xZinterim procedures, it intended to "accelerate the development of wireless cable service [and] also  xseek to promote the use of digital technology, along with its attendant benefits, by the educational  X - xcommunity." Id. at  2. The Commission also stated that it would defer consideration of any  xKchanges to the ITFS programming requirements, including recapture rights of ITFS licensees with  xjrespect to the increased capacity made available by digital compression, to a future rulemaking  X- xyproceeding. Id. at  58. Until the Commission reaches a decision on those issues, we will defer  xyour approval of lease provisions such as Paragraph 3 of the lease agreement. Accordingly, the  xlease is approved on the condition that Paragraph 3(e) be deleted until such time as we have completed our review as stated above.  X- ` x6.` ` No petitions to deny or informal objections have been filed against Walker's  Y- xapplication, and we find Walker fully qualified to be an ITFS licensee. We a#Xw PE37=XP#lso conclude that grant of Walker's application would serve the public interest, convenience and necessity.  Y- ` ~x7.` ` Accordingly, IT IS ORDERED, That the application of Shekinah Network  x(BPLIF951020BP) IS DENIED, and the application of Walker County Board of Education (BPLIF951020WY) IS GRANTED.   x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Barbara A. Kreisman x` `  hh@Chief, Video Services Division x` `  hh@Mass Media Bureau  Y!-  Ys$-